Sattler's life sentence vacated

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The Daily Reporter - Coldwater, MI

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Posted Aug. 7, 2014 at 8:12 AM

Posted Aug. 7, 2014 at 8:12 AM

Coldwater, Mich.

By Don Reid

dwreid@aol.com

LANSING — John Paul Sattler will be re-sentenced after the Michigan Court of Appeals (COA) ruled his two concurrent life prison terms for criminal sexual conduct first degree were not properly imposed.

The COA suggested a minimum 40 years might be a better sentence because a person sentenced to life can be considered for parole after only 10 years, "which is actually below the low end of the minimum sentence ranges in the cases," the three COA judges noted.

The now 46-year-old Sattler pleaded no contest in 2011 to having sex with two 14-year-old girls.

The first victim was attending Sattler's girlfriend April Clayton’s daughter’s birthday party at Sattler and Clayton's Jackson Street home in Coldwater. The second was a family friend who came to the same home a month later to spend the night after a July 4 celebration. Both girls said the incidents took place after they were given drugs and alcohol.

Branch County Circuit Judge Bill O’Grady said Sattler's life sentence was the only way to protect the community and send a warning to others that conduct such as Sattler's would not be tolerated.

Sentencing guidelines allowed a minimum of 17-40 years.

The COA judges noted, "If the Legislature had intended that a life sentence be an option, it would have so specified, either in the habitual offender sentencing guidelines statutes or in a separate sentencing grid."

The court agreed O’Grady was within his rights to exceed guidelines — but that he had not specifically pointed out he was exceeding guidelines and then listed what "constituted substantial and compelling reasons for a departure" as required by prior court decisions.

The three-judge appellate panel conceded, "On remand, the trial court is to impose sentences within the guidelines range or, if (he) wishes to once again depart from the guidelines, which (he) is absolutely free to do, (he) must articulate substantial and compelling reasons."

The COA suggested a minimum 40 years might be a better sentence because "For purposes of a life sentence, the possibility of parole could be considered after 10 years' imprisonment — which is actually below the low end of the minimum sentence ranges in the cases."

The judge allowed Sattler to appeal only one sentence, but the appeals court consolidated both cases.

Clayton, a now 36-year-old mother, is serving five to 15 years in prison after her guilty plea to criminal sexual conduct third degree. Sattler entered his plea after Clayton agreed to testify against Sattler.

O’Grady took issue with Sattler’s claim alcohol and drugs were responsible for the CSC incidents.

"We are here because a 44-year-old man raped two high school girls — not because of drugs and alcohol," O'Grady said when the case originally came before him. "We are here because two children were victims."